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Gibbs v. Doe

United States District Court, D. South Carolina, Florence Division

May 23, 2019

Felicia Gibbs; Hannah Gibbs; Felicia Gibbs as Guardian ad Litem for A.G.; Felicia Gibbs as Guardian ad Litem for R.G.; Elijah Gibbs; and Calvin Gibbs, Plaintiffs,
v.
John Doe and Heartland Express, Inc., Defendants.

          ORDER APPROVING MINOR SETTLEMENT

          R. BRYAN HARWELL, UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on the verified Petition of Felicia Gibbs, as mother and Guardian ad Litem for R. G., a minor child, in the above-referenced action, praying approval by this Court of an offer of settlement made on behalf of Defendants Heartland Express, Inc. and John Doe. At a hearing held before me on this date, it appeared that an incident occurred on or about April 12, 2016 when R. G. allegedly sustained injuries in a tractor-trailer accident.

         In the interest of compromise, Heartland Express, Inc. and John Doe have offered to settle all claims by payment of the sum of Nine Thousand Three Hundred Twenty-Five and 29/100 ($9, 325.29) Dollars; additionally Medpay Proceeds of Three Thousand Five Hundred Twenty-Seven and 00/100 ($3, 527.00) Dollars, consistent with the following terms:

a. $2, 331.32 for Petitioner's attorney fees;
b. $401.06 for firm expenses;
c. $295.57 for Subrogation costs (Discovery Health Partners);
d. $9, 824.34 for the minor's sole use and benefit;

         Payment of this sum is to be in exchange for a full, final, and complete release and discharge of any and all claims which the minor or the minor's parents or anyone else on the minor's behalf may have against Heartland Express, Inc. and John Doe, as a result of the minor being allegedly injured on April 12, 2016, said payment to be issued pursuant to the Petition filed with this Court.

         It appears that the Petitioner has been fully advised and informed as to the issues herein considered. It further appears that the ultimate result of this litigation would be uncertain and that under the circumstances, the settlement proposal among the parties hereto is fair and just and in the best interest of the minor child accordingly; This Court finds that the requirements of South Carolina Code Ann. Section 62-5-433 have been met and complied with.

         This Court finds that any requirements for a hearing have been complied with under South Carolina Code Ann. Section 62-5-433.

         South Carolina Code Ann. Section 62-5-433 states that “court” means either the circuit or probate court of the county in which the minor resides or the circuit or probate court in the county in which the suit is pending. Under South Carolina Code Ann. Section 62-5-433, I find this is the proper court in order to effect this settlement.

         Upon full consideration of this matter, it appears to the Court that these settlement proposals outlined hereinabove and in the Petition are fair and just and in the best interests of the parties.

         IT IS ORDERED, ADJUDGED AND DECREED that the settlement proposed herein be and hereby is approved and that upon payment of the sums of Nine Thousand Three Hundred Twenty-Five and 29/100 ($9, 325.29) Dollars; additionally with Medpay Proceeds of Three Thousand Five Hundred Twenty-Seven and 00/100 ($3, 527.00) Dollars, this proceeding shall be thereby settled and forever ended with prejudice, and Defendants, their agents, heirs, insurers, successors and assigns, and any and all other persons, firms, and corporations whomsoever, shall be fully, finally, and forever released of any and all further liability to the minor child or her parents or anyone else on her behalf arising out of the incident described herein above. The Petitioner is hereby authorized to consummate this settlement and execute the proper Release which shall be binding upon the minor child, her parents and anyone else who would act on her behalf.

         IT IS ORDERED, ADJUDGED AND DECREED that the Petitioner, individually and as Guardian ad Litem for the minor, the minor, and any representatives of either are forever barred from making any further claim or claims against Defendants, their heirs, insurers, successors and assigns, and any and all other persons, firms, and corporations whomsoever, and barred from any and all actions, causes of action, demands and/or claims of whatsoever nature which Petitioner, individually and as Parent and Natural Guardian and Guardian ad Litem for the minor, the minor, and any representatives of either have or may have or may in the future have against Defendants, ...


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